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P. v. Galante

P. v. Galante
03:22:2008



P. v. Galante



Filed 3/5/08 P. v. Galante CA2/6



















NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS















California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.



IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA



SECOND APPELLATE DISTRICT



DIVISION SIX



THE PEOPLE,



Plaintiff and Respondent,



v.



ROBERT GALANTE,



Defendant and Appellant.



2d Crim. No. B190373



(Super. Ct. No. 2005012014)



(Ventura County)



ORDER MODIFYING OPINION AND DENYING REHEARING



[NO CHANGE IN JUDGMENT]



THE COURT:



It is ordered that the opinion filed herein on February 4, 2008, be modified as follows:



1. On page 1, the third sentence of the first paragraph that reads, "After a restitution hearing, the court also directed him to pay his employer $53,656 in restitution," is deleted and replaced with the following sentence:



After a restitution hearing, the court also directed him to pay his employer $53,556.53 in restitution.



2. On page 3, the last sentence of the fourth full paragraph that reads,



"He also claimed that pain prevented his walking, standing, kneeling, squatting, bending and lifting," is deleted and replaced with the following sentence:



Zohman later advised Castro that appellant continued to report that "he couldn't perform lifting activities over 10 pounds, kneeling, squatting, bending and walking," without the use of a crutch.



3. On page 4, the third full paragraph, the sixth sentence that reads, "The court offered counsel a three-day weekend continuance to produce Nagelberg," is deleted.



There is no change in the judgment.



Appellant's petition for rehearing is denied



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Description A modification decision.
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